Local doctor accused of allowing an unlicensed aide to perform surgeries
A Houston doctor is accused of allowing an unlicensed surgical assistant to perform plastic surgeries on women, according to court documents.
Rodolfo Garma Giraldi, 82, has been charged with a felony for allegedly aiding his employee, Alexander Padilla, in practicing medicine without a license or permit, causing harm to some women during surgery at the Houston Aesthetic Center. Padilla, 53, was indicted on charges of medical practice without a license or permit causing harm and aggravated assault with a deadly weapon.
Prosecutors say the doctor knew and allowed Padilla to perform medical evaluations, make independent medical decisions about patient care and perform multiple medical procedures without a Texas license, according to court documents.
Padilla’s lawyer, Dick DeGuerin, told the Houston Chronicle that Padilla is a licensed surgical assistant, but he doesn’t have a Texas medical license. He argued that a person doesn’t need a surgical assistant license to perform assisting duties under state law. He said Padilla was a practicing doctor of medicine in Venezuela until he and his family moved to the United States, Click2Houston reported in 2023.
“I think in any surgery situation, there is a chance that the patient could be dissatisfied with the results and that’s particularly true of cosmetic surgery,” he said.
Giraldi’s lawyer did not immediately respond to requests for comment.
Court documents showed complaints filed against Padilla by three women. One woman said Padilla performed an implant surgery but hadn’t placed her under anesthesia properly, leading her to feel pain during the procedure. She reported complications after the surgery such as having her “areola shift” and went back to Padilla who she alleged said the reason was because “she was not eating salmon.”
She tried to get corrective surgery but was refused by other plastic surgeons because her breasts were in critical condition, according to the complaint.
Another woman accused Padilla of causing an infection after removing and reapplying her breast implant. Padilla introduced Giraldi to her as someone who would be assisting in the surgery, the woman said.
The woman said Padilla initially placed the implants incorrectly, so she had surgery to remove and reapply the breast implants. She said a resulting infection and additional complications led to her breast needing stitches. She returned to Padilla and while he was stitching her, the implants erupted, the complaint states. She said her implants were removed at a different hospital, leaving her disfigured.
A third woman, who traveled to Houston, got a tummy tuck, liposuction and breast reduction with a lift by Padilla, which she said led to serious complications, multiple corrective emergency surgeries and disfigurement, per the court documents.
The women allege they were unaware that Padilla wasn’t licensed, per the court documents.
Padilla was initially arrested in October 2023 but the case was dismissed and prosecutors added more charges in 2024. Padilla and Giraldi have been released from jail after posting bond.
Padilla is scheduled to appear in court June 6. DeGuerin argued an “unsuccessful surgery is not a crime in Texas” and believes the complaints should be in civil not criminal court.
Giraldi’s arraignment has been set for May 15 in the Harris County Criminal Court.
In 2008, the medical board ordered Giraldi to surrender his Drug Enforcement Administration and Department of Public Safety certificates and imposed restrictions on his practice and prescribing authority, according to board records. The action stemmed from allegations he was confirming prescription refills for controlled substances without necessary documentation and not adequately supervising a delegated nurse practitioner who prescribed the substances, the records state. He was allowed to reapply for his certificates in 2009 and the order was terminated in 2012 due to Giraldi complying with the board’s requirements.